DATE: March 9, 2021
TO: Board of Supervisors
SUBMITTED BY: David Pomaville, Director, Department of Public Health
Steven E. White, Director, Department of Public Works and Planning
SUBJECT: Retroactive Revenue Agreement with the California Department of Forestry and Fire Protection
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a retroactive revenue Agreement with the California Department of Forestry and Fire Protection, for Local Assistance for Tree Mortality Grant Program funds, effective July 1, 2020 through January 31, 2022, total not to exceed $149,494.
REPORT
There is no Net County Cost associated with the recommended action. Approval of the recommended action will allow the County to receive Local Assistance for Tree Mortality Grant Program (LATM) funds for the removal of dead and dying trees that pose a threat to public roadways and public infrastructure. The County also receives California Disaster Assistance Act Program (CDAA) funds for the removal and disposal of dead and dying trees; however, CDAA only covers 75% of costs. The California Office of Emergency services allows the County to utilize LATM funds to cover the remaining 25% cost share requirement. This item pertains to locations in District Five.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended action, the County would decline
funding that would help expedite the removal of dead and dying trees that pose a threat to public roadways and public infrastructure, as well as count towards the County’s 25% cost share requirement under CDAA.
RETROACTIVE AGREEMENT:
The recommended revenue agreement is retroactive to July 1, 2020 to allow Counties to submit additional reimbursement requests. The California Department of Forestry and Fire Protection (Cal FIRE) required submittal of the non-competitive program application by November 16, 2020 and the agreement was received on January 20, 2021.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The County also receives CDAA funds for the removal and disposal of dead and dying trees; however, CDAA only covers 75% of costs. The California Office of Emergency services allows the County to utilize LATM funds to cover the remaining 25% cost share requirement. The recommended revenue agreement ($149,494) will allow the County to cover the 25% CDAA cost share requirement and draw down an additional $448,482 in CDAA funding.
The grant allocation is non-competitive and does not require matching funds. Sufficient appropriations and estimated revenues are included in the Department of Public Works and Planning Org 5512 FY 2020-21 Adopted budget.
DISCUSSION:
On September 22, 2015, the Board approved Resolution No. 15-463 requesting a State of Emergency be proclaimed in the County due to the degraded forest conditions and imminent threat from catastrophic fires and extreme drought. Forest degradation conditions have not improved as the tree mortality disaster has continued and escalated in eastern Fresno County. Mountain communities are currently recovering from the 2020 Creek Fire, which started on September 4, 2020. These communities continue to be threatened by potential falling trees and wildfires.
Fresno County is one of ten high priority counties dealing with tree mortality and eligible for LATM grant funding. The objective of the program is to increase the pace and scale of tree mortality projects by providing supplemental funds to help meet the CDAA 25% cost share of projects, thereby allowing use of additional CDAA funding. At this time, the County is utilizing County General Fund dollars to meet the CDAA 25% cost share requirement for all tree removal projects. Fresno County is eligible for $149,494 in LATM funds, which will allow the County to drawdown an additional $448,482 of CDAA funding. This funding will allow the County to remove additional dead and dying trees around infrastructure and re-treat County maintained roads.
The County has utilized County General Fund, State Responsibility Area grants, and CDAA funding for the removal and disposal of dead and dying trees since April 2016. Approximately 27,000 trees have been removed along County and private roads, near homes, and other infrastructure. The Departments of Public Health and Public Works and Planning propose to continue contracting with Registered Professional Foresters and Licensed Timber Operators for the assessment, identification, removal, and disposal of dead and dying trees. Several County maintained roads and infrastructure previously cleared of hazard trees are in need of another treatment as tree die-off continues.
The recommended revenue agreement is retroactive to July 1, 2020. Additionally, the recommended agreement contains language whereby the County indemnifies Cal FIRE for any claims arising from the agreement. The County’s standard insurance language and limits are not contained within the Agreement. The recommended revenue agreement may be suspended or terminated by Cal FIRE if the County fails to comply with the terms of the agreement and the County may terminate the agreement upon providing a 30-day written notice.
REFERENCE MATERIAL:
BAI #21, September 22, 2015
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement with Cal FIRE - 8GA20003
CAO ANALYST:
Raul Guerra